Wednesday, 8th October 1913: Both Sides Confident In Frank Case, The Atlanta Georgian

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Men Who Accuse Henslee

of

Prejudice of Highest Type,

Says Stiles Hopkins.

Attorneys for Leo M. Frank announced Wednesday that they

invited an attack upon the truth and veracity of the men who

made depositions against Juror A. H. He, charging bias and

prejudice, just for the purpose demonstrating conclusively that

every person has made an affidavit is unimpeachable and a man

of recognized character and honesty.

The State and the defense both are confident over the

probable outcome of the motion for a new trial which will be

heard Saturday.

Stiles Hopkins, one of the firm of Rosser, Brandon, Slaten &

Phillips, obtained a number of the depositions defense and

investigated carefully the reputation and standing of every man

from whom he took an affidavit. He was authority Wednesday for

the statement that they are men of prominence and excellent

repute in their communities.

Absurd, Says Hopkins.

They have filed depositions charging that they overheard

Henslee, before the trial of Frank, utter violently denunciatory

remarks in regard to the defendant and declare his belief in

Frank's guilt.

Henslee's reply was that he made some of the statements

credited to him, but that he made them after the trial and not

before.

That sort of a defense by Henslee is most absurd, is the

only comment that Mr. Hopkins would make on this statement of

the juror. Depositions which are on file show that one of the

remarks of Henslee was that If the jury ever turns Frank loose he

never will get out of Atlanta alive.' This could not have been made

after the trial. He also is alleged to have said that he had been

summoned as a talesman and might be a juror in the case, in

which event he would like to have a part in breaking Frank's

neck.' He could not have said this after the trial.

Prominent Men.

Mr. Hopkins said that J. J. Nunnally, one of those who had

made depositions, is vice president of the W. H. Nunnally

Company, of Monroe, and is identified with the Nunnally & Harris

Supply Company, in which capacity he met Henslee, who is an

agent for buggies, whips and supplies. None of the affiants, said

the lawyer, would have any occasion to make a deposition

harmful to Henslee unless it was the truth. All, in fact, he

declared, had been most reluctant to have anything to say about

the matter until they were forced to make their statements by

being summoned into court.

John M. Holmes, another who swears he overheard Henslee

make violent remarks against Frank, is the partner of John D.

Walker, a prominent banker. The others occupy similar positions

of prominence.

PAGE 2, COLUMN 5

BOTH

SIDES

CONFIDE

NT

IN

FRANK

CASE

Men Who Accuse Henslee

of

Prejudice of Highest Type,

Says Stiles Hopkins.

Attorneys for Leo M. Frank announced Wednesday that they

invited an attack upon the truth and veracity of the men who

made depositions against Juror A. H. He, charging bias and

prejudice, just for the purpose demonstrating conclusively that

every person has made an affidavit is unimpeachable and a man

of recognized character and honesty.

The State and the defense both are confident over the

probable outcome of the motion for a new trial which will be

heard Saturday.

Stiles Hopkins, one of the firm of Rosser, Brandon, Slaten &

Phillips, obtained a number of the depositions defense and

investigated carefully the reputation and standing of every man

from whom he took an affidavit. He was authority Wednesday for

the statement that they are men of prominence and excellent

repute in their communities.

Absurd, Says Hopkins.

They have filed depositions charging that they overheard

Henslee, before the trial of Frank, utter violently denunciatory

remarks in regard to the defendant and declare his belief in

Frank's guilt.

Henslee's reply was that he made some of the statements

credited to him, but that he made them after the trial and not

before.

That sort of a defense by Henslee is most absurd, is the

only comment that Mr. Hopkins would make on this statement of

the juror. Depositions which are on file show that one of the

remarks of Henslee was that If the jury ever turns Frank loose he

never will get out of Atlanta alive.' This could not have been made

after the trial. He also is alleged to have said that he had been

summoned as a talesman and might be a juror in the case, in

which event he would like to have a part in breaking Frank's

neck.' He could not have said this after the trial.

Prominent Men.

Mr. Hopkins said that J. J. Nunnally, one of those who had

made depositions, is vice president of the W. H. Nunnally

Company, of Monroe, and is identified with the Nunnally & Harris

Supply Company, in which capacity he met Henslee, who is an

agent for buggies, whips and supplies. None of the affiants, said

the lawyer, would have any occasion to make a deposition

harmful to Henslee unless it was the truth. All, in fact, he

declared, had been most reluctant to have anything to say about

the matter until they were forced to make their statements by

being summoned into court.

John M. Holmes, another who swears he overheard Henslee

make violent remarks against Frank, is the partner of John D.

Walker, a prominent banker. The others occupy similar positions

of prominence.

PAGE 3, COLUMNS 1 &

2

PAGE 3, COLUMN 1

ANOTHER FRANK JUROR

ACCUSED

PAGE 3, COLUMN 2

FRANK

COUNSEL

WILL

BROADEN

JURY

ATTACK

After reinforcing their attack upon Juror A. H. Henslee

Wednesday by the statements of a dozen leading men, who

swore to the good character, reputation and reliability of the

persons who had charged the juror with violent prejudice and

bias, counsel for Leo M. Frank made the sensational

announcement Wednesday that depositions would be filed before

Saturday alleging prejudice against a third, and possibly a fourth,

member of the jury which convicted Frank of the murder of Mary

Phagan.

Through making a most careful investigation of every juror

who sat in the Frank trial, the convicted man's attorneys have not

let up on Henslee, as a new affidavit obtained Wednesday bears

witness. The latest affidavit is signed by a man who declares that

he overheard Henslee as long ago as last May give vent to a

decided opinion of Frank's guilt.

The conversation occurred on a street in Atlanta, according

to the deposition. It was remarked in Henslee's hearing that the

murder did not seem to be of the character that would be

perpetrated by a member of Frank's race.

Henslee is said to have replied in effect: I don't care. I

believe that Frank is guilty, and if by any chance I am put on the

jury I will do my best to convict him.

Henslee's defense that the Sparta men were mistaken or

lying who testified they had heard him utter denunciatory

remarks against Frank before the trial met a prompt reply

Wednesday in the obtaining of affidavits from a number of

Sparta's most prominent citizens testifying to personal and moral

character and honesty of John M. Holmes, Shi Gray and S. M.

Johnson, who signed the depositions.

Among those who testified to the trustworthiness of the

three men were W. H. Burwell, Speaker of the last State House of

Representatives; T. B. Hightower, Sheriff of Hancock County;

Henry H. Little, Ordinary; G. W. Rives, Mayor of Sparta; Thomas F.

Fleming, Speaker Burwell's law partner; H. L. Middlebrooks,

cashier of the First National Bank of Sparta; H. D. Chapman, Tax

Collector; R. E. Wheeler, cashier of the Sparta Savings Bank; W. E.

Wiley, Clerk of the Superior Court; A. H. Birdsong County

Treasure; E. A. Rozier, Sr., president of the Bank of Sparta, and J.

D. Bennett, also of the bank of Sparta.

PAGE 3, COLUMN 3

Slaton Gives

Respite

To Condemned

Negro

Upon recommendation of the Prison Commission, Governor

Slaton today respited for 20 days Bob Gaithwright, a negro,

sentenced to be hanged in Gwinnett County Friday.

Gaithwright was convicted of murder about a month ago,

and his case was not appealed to the higher courts. His attorneys

desire to ask clemency, however.

PAGE 4, COLUMN 2

FRANK

COUNSEL

WILL

BROADEN

JURY

ATTACK

Argument on the motion of the defense for a new trial

for Leo Frank, scheduled to be heard by Judge Roan next

Saturday, will be postponed another week, according to

an interview given by Solicitor Dorsey in Valdosta

Wednesday. The Solicitor declared that his progress in the

investigation of the claims of Frank's attorneys had been

slow, and that the State could not possibly shape its case

in time for the date set.

After reinforcing their attack upon Juror A. H. Henslee

Wednesday by the statements of a dozen leading men, who

swore to the good character, reputation and reliability of the

persons who had charged the juror with violent prejudice and

bias, counsel for Leo M. Frank made the sensational

announcement Wednesday that depositions would be filed before

Saturday alleging prejudice against a third, and possibly a fourth,

member of the jury which convicted Frank of the murder of Mary

Phagan.

Through making a most careful investigation of every juror

who sat in the Frank trial, the convicted man's attorneys have not

let up on Henslee, as a new affidavit obtained Wednesday bears

witness. The latest affidavit is signed by a man who declares that

he overheard Henslee as long ago as last May give vent to a

decided opinion of Frank's guilt.

The conversation occurred on a street in Atlanta, according

to the deposition. It was remarked in Henslee's hearing that the

murder did not seem to be of the character that would be

perpetrated by a member of Frank's race.

Henslee is said to have replied in effect: I don't care. I

believe that Frank is guilty, and if by any chance I am put on the

jury I will do my best to convict him.

Henslee's defense that the Sparta men were mistaken or

lying who testified they had heard him utter denunciatory

remarks against Frank before the trial met a prompt reply

Wednesday in the obtaining of affidavits from a number of

Sparta's most prominent citizens testifying to personal and moral

character and honesty of John M. Holmes, Shi Gray and S. M.

Johnson, who signed the depositions.

PAGE 5, COLUMN 2

FRANK

COUNSEL

WILL

BROADEN

JURY

ATTACK

Argument on the motion of the defense for a new trial

for Leo Frank, scheduled to be heard by Judge Roan next

Saturday, will be postponed another week, according to

an interview given by Solicitor Dorsey in Valdosta

Wednesday. The Solicitor declared that his progress in the

investigation of the claims of Frank's attorneys had been

slow, and that the State could not possibly shape its case

in time for the date set.

After reinforcing their attack upon Juror A. H. Henslee

Wednesday by the statements of a dozen leading men, who

swore to the good character, reputation and reliability of the

persons who had charged the juror with violent prejudice and

bias, counsel for Leo M. Frank made the sensational

announcement Wednesday that depositions would be filed before

Saturday alleging prejudice against a third, and possibly a fourth,

member of the jury which convicted Frank of the murder of Mary

Phagan.

Through making a most careful investigation of every juror

who sat in the Frank trial, the convicted man's attorneys have not

let up on Henslee, as a new affidavit obtained Wednesday bears

witness. The latest affidavit is signed by a man who declares that

he overheard Henslee as long ago as last May give vent to a

decided opinion of Frank's guilt.

The conversation occurred on a street in Atlanta, according

to the deposition. It was remarked in Henslee's hearing that the

murder did not seem to be of the character that would be

perpetrated by a member of Frank's race.

Henslee is said to have replied in effect: I don't care. I

believe that Frank is guilty, and if by any chance I am put on the

jury I will do my best to convict him.

Henslee's defense that the Sparta men were mistaken or

lying who testified they had heard him utter denunciatory

remarks against Frank before the trial met a prompt reply

Wednesday in the obtaining of affidavits from a number of

Sparta's most prominent citizens testifying to personal and moral

character and honesty of John M. Holmes, Shi Gray and S. M.

Johnson, who signed the depositions.

PAGE 6, COLUMN 2

FRANK

COUNSEL

WILL

BROADEN

JURY

ATTACK

Argument on the motion of the defense for a new trial

for Leo Frank, scheduled to be heard by Judge Roan next

Saturday, will be postponed another week, according to

an interview given by Solicitor Dorsey in Valdosta

Wednesday. The Solicitor declared that his progress in the

investigation of the claims of Frank's attorneys had been

slow, and that the State could not possibly shape its case

in time for the date set.

After reinforcing their attack upon Juror A. H. Henslee

Wednesday by the statements of a dozen leading men, who

swore to the good character, reputation and reliability of the

persons who had charged the juror with violent prejudice and

bias, counsel for Leo M. Frank made the sensational

announcement Wednesday that depositions would be filed before

Saturday alleging prejudice against a third, and possibly a fourth,

member of the jury which convicted Frank of the murder of Mary

Phagan.

Through making a most careful investigation of every juror

who sat in the Frank trial, the convicted man's attorneys have not

let up on Henslee, as a new affidavit obtained Wednesday bears

witness. The latest affidavit is signed by a man who declares that

he overheard Henslee as long ago as last May give vent to a

decided opinion of Frank's guilt.

The conversation occurred on a street in Atlanta, according

to the deposition. It was remarked in Henslee's hearing that the

murder did not seem to be of the character that would be

perpetrated by a member of Frank's race.

Henslee is said to have replied in effect: I don't care. I

believe that Frank is guilty, and if by any chance I am put on the

jury I will do my best to convict him.

Henslee's defense that the Sparta men were mistaken or

lying who testified they had heard him utter denunciatory

remarks against Frank before the trial met a prompt reply

Wednesday in the obtaining of affidavits from a number of

Sparta's most prominent citizens testifying to personal and moral

character and honesty of John M. Holmes, Shi Gray and S. M.

Johnson, who signed the depositions.

PAGE 7, COLUMN 6

FRANK

LAWYERS

WILL AGREE

TO

WEEK

DELAY

Expressing the opinion that a further delay in the hearing of

the motion for a new trial for Leo M. Frank will only serve to make

them more secure in their case against Juror A. H. Henslee, whom

they charge with prejudice and bias, counsel for Frank Thursday

indicated that hey were entirely agreeable to Solicitor Dorsey's

request for a postponement of another week until he should be

able to complete his review of the defense's reasons.

The Solicitor, who, with his assistant, A. E. Stephens, has

been going over the voluminous amended motion of the defense

with its 115 reasons for a new trial since its filling last week by

Frank's lawyers, refuses to discuss the case except to express his

confidence that a new trial will be denied. He stands firmly by his

original declaration that the defense is without adequate grounds

to ask for a new trial.

He and Attorney Stephens, isolating themselves in Valdosta,

where they will not be interrupted by office visitors, have given

their entire time to the preparation of their argument against any

movement which will reopen the sensational murder case. While

the hearing before Judge Roan, set originally for October 4, will

have few of the spectacular features that marked the trial of

Frank, the lawyers are making ready for a titanic struggle.

The Solicitor is determined that the verdict of guilty shall

stand. He is using every means to stave off what he regards as

the remote possibility of a reversal of the verdict that brought the

death sentence to the defendant.

Solicitor Dorsey prepared his request Wednesday for a delay

of another week in the hearing. Judge Roan already had made

known his willingness to extend the time if it was needed by the

Solicitor. When he learned next Saturday he promptly announced

that the delay would be granted in accordance with his promise.

PAGE 10, COLUMN 5

Hooper

Recovers

His Stolen

Watch

A gold watch that was stolen on June 2 from Frank A.

Hooper, the attorney who was associated with Solicitor Dorsey in

the trial of Leo M. Frank, was recovered at a Peters street

pawnshop by detectives Wednesday and restored to the owner.

The watch was stolen from, Mr. Hooper by two bandits who

attacked him as he was walking to his home, No. 779 Piedmont

avenue. Mr. Hooper was knocked down and the watch taken from

his pocket.

PAGE 11, COLUMN 5

Hooper

Recovers

His Stolen

Watch

A gold watch that was stolen on June 2 from Frank A.

Hooper, the attorney who was associated with Solicitor Dorsey in

the trial of Leo M. Frank, was recovered at a Peters street

pawnshop by detectives Wednesday and restored to the owner.

The watch was stolen from, Mr. Hooper by two bandits who

attacked him as he was walking to his home, No. 779 Piedmont

avenue. Mr. Hooper was knocked down and the watch taken from

his pocket.

PAGE 17, COLUMN 3

Hooper

Recovers

His Stolen

Watch

A gold watch that was stolen on June 2 from Frank A.

Hooper, the attorney who was associated with Solicitor Dorsey in

the trial of Leo M. Frank, was recovered at a Peters street

pawnshop by detectives Wednesday and restored to the owner.

The watch was stolen from, Mr. Hooper by two bandits who

attacked him as he was walking to his home, No. 779 Piedmont

avenue. Mr. Hooper was knocked down and the watch taken from

his pocket.

PAGE 21, COLUMN 3

Negro Forgot

His

Wife's Maiden

Name

The daily grind of the divorce mill in Judge Ellis' division of

Superior Court produces its comedy as well as its tragedies.

Pat Harrell, negro, furnished the comedy Wednesday when

he swore that he became the lawful husband of one Jessie,

some time during President Cleveland's administration. He got a

verdict despite his lapse of memory.

PAGE 22, COLUMN 5

Hooper

Recovers

His Stolen

Watch

A gold watch that was stolen on June 2 from Frank A.

Hooper, the attorney who was associated with Solicitor Dorsey in

the trial of Leo M. Frank, was recovered at a Peters street

pawnshop by detectives Wednesday and restored to the owner.

The watch was stolen from, Mr. Hooper by two bandits

who attacked him as he was walking to his home, No. 779

Piedmont avenue. Mr. Hooper was knocked down and the watch

taken from his pocket.